CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 02-03
DESIGN REVIEW PERMIT NO. 02-03
(As amended 1/25/2022)
THE HOME DEPOT PROJECT
The departments and divisions listed below have primary responsibility for implementing listed conditions of approval.
LEGEND: B = Building CA = City Attorney F = Fire District PD = Police Dept. PL = Planning PW = Public Works
Special Conditions
A. Environmental Mitigation Measures and Mitigation Monitoring Program The following environmental mitigation measures contained in the Environmental Checklist Form (Initial Study) and related monitoring program are adopted as conditions of project approval.
Conduct a geotechnical engineering investigation to determine the degree of hazard and the appropriate approach to reducing the hazard to an acceptable level of risk as determined by the geotechnical engineer and approved by the City Engineer. As settlement can result in severe damage to foundations and structures, and even their collapse, a detailed evaluation of the conditions causing settlement shall be conducted by a registered geologist or engineering geologist. The geologist shall provide specific recommendations about ways to reduce settlement to within acceptable levels through site treatment or through foundation design. (PW/B) Monitoring: Report, with recommended measures, is subject to review and approval by the City Engineer prior to issuance of the first building permit for the project.
If necessary, install sandbags or other erosion control measures along the periphery of the project site, if construction occurs during the rainy season, to prevent silt runoff. (PW/B) Monitoring: The City Engineer and Building Division are responsible for implementation of this condition if construction occurs during the rainy season.
Applicant shall prepare a Storm Water Pollution Prevention Plan to control erosion during construction. Plan shall be consistent with Contra Costa County’s non-point source National Pollution Discharge Elimination System (NPDES) program. (PW/B) Monitoring: Plan is subject to review and approval by the City Engineer prior to any earthmoving activities taking place on the site. Implementation of the plan in the field is to be monitored by the City Engineer and Building Division.
To minimize pollution downstream from sedimentation, the applicant shall install sedimentation and grease basins in the storm drain system in parking lots in accordance with NPDES regulations and shall require that the property owner maintains the basins annually, or as required by NPDES regulations. (PW/B) Monitoring: Plan is subject to review and approval by the City Engineer and Building Division. Implementation of the plan in the field is to be monitored by the City Engineer.
The following measures to reduce dust emissions shall be included in all construction contracts/specifications associated with the project:
Water all active construction areas as needed and more often during windy periods.
Cover all hauling trucks or maintain two feet of freeboard.
Pave, apply water as needed or apply (non-toxic) soil stabilizers on all unpaved roads, parking and staging areas.
Keep all on-site and adjacent paved roadways and parking areas clean from construction dust using water and brush sweepers as needed during site grading and preparation.
Hydroseed or apply non-toxic soil stabilizers to inactive construction areas (previously disturbed areas that are inactive for more than tendays).
Enclose, cover, water as needed, or apply non-toxic soil binders to all exposed stockpiles.
Limit traffic speeds on unpaved portions of the site to no more than 15 miles per hour.
Replant vegetation in disturbed areas upon completion of work.
Install tire grates at construction site exits to avoid tracking mud off of the site. (PW/B) Monitoring: The Building Division shall assure that these measures are included in all construction contracts/specifications and are implemented in the field.
The following measures to reduce noise levels shall be implemented:
Limit weekday construction to between the hours of 7:00 am and 7:00 pm with no noise generating construction activities on weekends and holidays. The Arbors Senior Housing development shall be notified of the construction times for the Home Depot project.
Equip all internal combustion engine driven equipment with mufflers which are in good condition and appropriate for the equipment.
Utilize quiet air compressors and other stationary noise sources where technology exists.
Locate stationary noise generating equipment as far as possible from sensitive receptors.
Testing of noise producing mechanical rental equipment shall occur on the west or south sides of the building in order to reduce noise levels at the sensitive receptors.
Prior to installation, the acoustical consultant shall review all roof mounted mechanical equipment to assure that such equipment complies with City Noise Element standards.
Home Depot shall provide the senior housing complex with the name and telephone number of a specific Home Depot employee who can address noise issues that may arise. (B/PL) Monitoring: The Building Division shall assure that measures A, B, C,and D are implemented. The Planning Division shall assure that measures E, F, and G are implemented.
The following paleontological mitigation measures shall be implemented:
The project developer shall retain a qualified project paleontologist and paleontological monitor(s)to conduct monitoring during earthmoving activities. The project paleontologist must supervise the monitor(s) in the field and bear the responsibility of evaluation of fossil finds. (A time and cost saving strategy would be to hire a project paleontologist qualified to simultaneously monitor and evaluate any exposed fossil materials.) Full-time monitoring shall be conducted during earthmoving activities within high-sensitivity geologic units as determined by the paleontologist. Monitoring is not required for earthwork conducted in geologic units that have been evaluated by a qualified paleontologist and determined to be of low sensitivity.
The project paleontologist shall attend the pre-grading meeting to discuss monitoring, collecting, and safety procedures for the project.
The project paleontologist and paleontological monitor(s) shall have the authority to temporarily divert or redirect grading to allow time to evaluate any exposed fossil material. “Temporary” shall be two working days for the evaluation process.
During monitoring and salvage, any scientifically significant specimens shall be properly collected after evaluation by, and under the supervision of, the project paleontologist. During collecting activities, contextual stratigraphic data shall also be collected. The data will include lithologic descriptions, photographs, measured stratigraphic sections, and field notes.
Scientifically significant specimens shall be prepared to the point of identification (not exhibition), stabilized, identified, and offered for curation to a suitable repository that has a retrievable storage system, such as the University of California, Berkeley, Museum of Paleontology.
The project paleontologist shall prepare a final report at the end of the earthmoving activities; the report shall include an itemized inventory of recovered fossils and appropriate stratigraphic and locality data. The project paleontologist shall send one copy of the report to the City of Hercules; another copy should accompany any fossils, along with field logs and photographs, to the designated repository. (PL) Monitoring: Monitoring will take place before, during, and after construction to assure project compliance with this mitigation measure. The Community Development Director shall assure that qualified personnel are retained to implement the mitigation measure, significant specimens are properly cared for, and the final report is produced. Field investigations shall be monitored by the City Engineer and Building Division.
B. Other Special Conditions
Design Elements
Final colors, materials, and textures of the building are subject to approval by the Planning Commission. (PL) All utility meters, transformers, irrigation control boxes, valves, and similar devices shall be painted out and landscaped in a manner which reflects the building design. (PL) Submit construction details of the following elements for review and approval by the Community Development Director:
Design of all columns, including base, trim, cornices, materials.
Design of the “heavy timber columns and trellis” for garden center area.
Design and details of the “wood rafters” under the tower elements.
Design and color of the “wall mounted light fixture” and the “metal hood” shown on page 12.
Design of the “trash chute” on the south elevation. Clarify, in writing, the operation of the chute.
Design, appearance, color, and exterior materials of the “compactor” on Sheet 9. (PL) Sign Program
Final Master Sign Program, including size, location, materials, lighting, and colors, is subject to approval by the Community Development Director. (PL) Signs shall be placed within the shopping center to direct delivery trucks to the loading dock areas. (PL) Parking Lot
Home Depot shall maintain at least 391 parking spaces for vehicular parking purposes. The storage of materials in the parking lot is limited to 58 parking spaces.is not allowed in the parking lot. This prohibition includes materials in trucks and storage containers. These materials shall not be located in a location that would block fire lanes or exit doors. (Modified by City Council 1/25/2022) (PL) Four seasonal sales events are allowed per year in the front parking area. The specific location and the duration of each event are subject to the approval of the Community Development Director. Home Depot shall provide the Community Development Director with a plan and schedule of these events. The schedule can be done on a quarterly or annual basis. (Modified by City Council 1/25/2022) (PL) Landscaping
The final landscape plan and irrigation plan shall be submitted to the Community Development Director for review and approval. The final landscape plan shall indicate the type, location, and size of all plants, trees, shrubs, and groundcover materials. (PL) Prior to issuance of a Certificate of Occupancy, the project landscape architect shall verify in writing that the landscaping has been installed in accordance with the approved final landscape plan with respect to size, number, and species of plants. There shall be a one (1) year growing period in which all landscape materials shall be maintained in a thriving manner. A landscape bond shall be submitted to the Public Works Division which will insure that the replacement cost of the landscaping plant materials can be replaced. (PL) Subject to the approval of the Community Development Director, plants such as vines shall be placed on the trellises between the front doors. (PL) A split rail fence shall be incorporated into the landscape plans on the north side of the building near the nine proposed pine trees. Fence plans are subject to approval by the Community Development Director. (PL) In the front of the building, install enhanced, raised planters between the glass storefronts. Planters shall contain colorful shrubs, groundcover, and creeping vines to grow upwards along the building over the trellis. (PL) Introduce colorful bedding plant materials, including groundcover, in parking lot landscape plans. (PL) The landscape materials on both sides of the enhanced pedestrian pathways in the parking lot shall be turf or groundcover only. (PD) Shopping Carts
Discarded carts within the shopping center shall be retrieved on a regular basis. (PL) Install concrete curbs or bollards to prevent shopping carts from entering the creek. (PL) Remove any shopping carts from the creek area within 24 hours after being discovered.
The creek is to be regularly patrolled to insure that no shopping carts are discarded into the creek.(PW) Police
Subject to the approval of the Police Department, a video surveillance camera shall be installed and maintained on the north side of the building. (PD) The Police Department shall have access to the rear of the property. No gates are allowed between the rear of the building and the retaining wall. (PD) The Police Department shall have authority to enforce all parking code violations. (PD) Other
There shall be no disturbances to the existing environment within the Refugio Creek corridor. (PW/B) Project site lot lines shall be adjusted such that the Home Depot project, including parking, is on one parcel. This lot line adjustment shall be completed and recorded prior to the issuance of a Certificate of Occupancy. (PL) All outdoor refuse containers shall be screened in a manner acceptable to the Community Development Director. (PL) Pallet storage is allowed only in the rear of the building. Pallets shall not be visible from public access areas. (PL) Loading docks shall not be used between the hours of 10:00 pm and 6 :00 am. (PL) Submit structural calculations for the retaining wall to the City Engineer for review and approval. (PW) Community Development and Public Services Standard Conditions The permit is granted for the property described in the application materials, and shall not be transferable to other parcels. (PL) This permit shall become null and void within 12 months from the date of issuance, unless the Community Development Director determines that the proposed development or use has been diligently pursued. The Community Development Director may determine that lack of progress in implementing the project due to redevelopment issues and legal challenges should not be included within the 12-month timeframe. (PL) All conditions of this permit, including improvements such as building, paving, and landscape construction/installation, shall be completed prior to occupancy except as may be permitted by the Community Development Director in consultation with other affected departments and except as implied by the operational nature of the conditions. In the event early occupancy is permitted, developer shall provide security or agreements to assure full completion of the project. (PW) The development or use by the applicant/grantee of any activity or structure authorized by this permit shall constitute acceptance of all of the conditions and obligations imposed by the City on this permit. The applicant/grantee by said acceptance waives any challenges as to the validity of these conditions. (CA) Developer/applicant agrees as a condition of approval to indemnify the City, its agents, officers and employees and to defend at developer’s own expense against and from any claim, action or proceeding brought within the time period provided for in Section 66499.37 of the Government Code to attack, set aside, void or annul the approval of this resolution. City shall promptly notify developer of such claim, action or proceeding of which City receives notice, and City will fully cooperate with developer in the defense therefor. Developer/applicant shall reimburse the City for any court costs and attorney’s fees which the City may be required to pay as a result of any such action. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve the developer of the obligations of this condition. (CA) A building permit shall be secured for any new construction or modification to structures. (PL/B) The developer/applicant shall paint all exterior surfaces of buildings, walls, and fences with graffiti resistant paint wherever possible. (PL) The developer/applicant shall maintain the site free of graffiti. (PL) Graffiti applied to any surface of the subject property shall be removed within twenty-four (24) hours of the developer/applicant being notified by the City. The City may remove the graffiti if the developer/applicant fails to remove the graffiti within 24hours; the developer/applicant shall reimburse the City for the graffiti-removal work. (PL) Prior to construction of any permanent fencing, the project sponsor shall secure approval by the City of a plan for fencing. (PL) All vents, gutters, downspouts, flashings, conduits, etc. that are visible from outside the building shall be painted the color of the adjacent surface. (PL) Gutters shall be installed at the lower edge of all sloping roofs. Rainfall carried in such gutters shall be carried in downspouts to sub-grade storm drains. (PL/B) Plans submitted for design review approval shall be considered final design drawings. Any changes to the exterior shall be subject to approval of the Planning Commission except minor changes may be approved by staff. (PW/PL/PD) A freestanding wooden sign shall be installed which displays a perspective of the Home Depot building. The height, location and dimensions of the sign shall be reviewed and approved by the Community Development Director.
Public Works Standard Conditions
All public and private site utilities, site improvements and grading shall be reviewed and approved by the City Engineering staff. (PW) Developer is liable to pay all fees per City resolutions unless developer has been exempted from such payment. (PW) Developer shall pave all parking lots in accordance with the Geotechnical Engineer’s recommendations based on the traffic index provided by the Traffic Engineer. Pavement sections shall be approved by the City Engineer. (PW) Developer shall submit a grading plan prepared by a registered civil engineer which incorporates all recommendations from soil engineering and engineering geology reports into the grading plan. The grading plan shall be reviewed and approved by Public Works prior to issuance of the building permit. Building pad elevation and landscaping mounds, if any, shall be shown on the grading plan. (PW) The developer shall submit adequate drainage calculations and hydraulic design to insure that upstream areas, downstream areas, and site will drain to a safe point of discharge. (PW) Developer shall protect building pads from a 100-year storm. (PW) A pre-construction conference shall be held at least 48 hours prior to proposed construction. (PW) Developer shall remove and replace all improvements damaged during construction adjacent to the project site as directed by the Public Works Inspector. (PW) Developer shall make arrangements with Public Works Inspector to inspect and test any existing sewer and water service laterals to be used, prior to connection, and shall make necessary repairs as determined by the Inspector. (PW) Curb cut widths and design shall conform to the City Code and current Public Works standards. (PW) Developer shall submit an on-site sewer plan (profile not required except when conflicting with other utility lines)where existing lateral is larger than four inches in diameter. (PW) Developer shall submit on-site water plans where a separate loop or terminal line is required for fire hydrants and/or sprinkler systems. All improvement plans, construction cost estimates, soil reports, geology reports and all pertinent engineering design calculations shall be submitted simultaneously. (PW) On-site and off-site utility service shall be installed underground in accordance with the City Code. Utilities shall be undergrounded to the nearest suitable riser pole as determined by the appropriate utility company. Developer shall post a bond, or other surety approved by the City, guaranteeing the undergrounding. (PW) Construction drawings shall be submitted for review and approval by the Engineering staff and shall include the following:
Site grading, drainage, utility and improvement plans
Hydrology and hydraulic calculations for the site. (PW) Prior to construction, the Engineering Division shall approve permits for the following:
Grading
Encroachment
Industrial waste discharge
Sewer connection (PW)
Standard Landscaping Conditions
Two copies of landscape and irrigation plans, as approved by the City, along with the appropriate permit application and fees, (as required),shall be submitted to the Building Division for plan check and processing prior to issuance of a permit. (B) Landscaping and irrigation shall be installed per plans ,as approved by the City, prior to issuance of a Certificate of Occupancy. (PL) Landscape planting shall be maintained in a flourishing manner and all irrigation systems shall be continuously maintained as required by City Code and as specified by the Planning Division. Failure to do so may result in the revocation of this permit or the initiation of legal action. (PL) The landscape contractor shall provide a watering schedule to the building owner or manager prior to issuance of a Certificate of Occupancy. A copy of this schedule shall be provided to the Planning Division. The schedule shall include automatic rain shut-off device or instructions on how to override the system during rainy periods. (PL) Standard Planning Conditions
The location and elevations of buildings and structures shall substantially conform to Exhibit C unless amended specifically by a condition of this resolution, a major modification, or a minor modification. (PL) The final building plans submitted with the building permit application shall clearly indicate all building materials and colors to be used in the project. (PL/B) Minor changes in the extent of use or size of structures may be approved by the Community Development Director, but any substantial change will require the filing and approval of a major modification by an amended permit by the Planning Commission. (PL) Minor changes in the final design or materials and colors for buildings and exterior walls may be approved by the Community Development Director with the filing of a minor modification permit to this use permit. Any request for a minor modification shall be accompanied by three copies of any plans reflecting the requested modification. (PL) Prior to the issuance of a building permit, a reproduction of all conditions of this permit approval as adopted by resolution of the Planning Commission and/or City Council shall be part of, and incorporated into, all sets of the construction documents and specifications for this project. A reproduction of all conditions shall be included on each set of the job/construction documents. (PL) Developer shall provide to the Associate City Engineer, prior to the issuance of building permits, a 100-footscale site plan of the project as approved by the Planning Commission/City Council for the purposes of updating the City base maps. (PL) All roof mounted heating, ventilation, and air conditioning equipment plus any other roof mounted mechanical equipment shall be recessed and/or screened from adjoining property and public streets subject to approval of the Community Development Director. It is realized that roof mounted equipment cannot be screened from higher elevations. Plumbing vents, ducts, and other appurtenances protruding from the roof shall be integrated in such a manner that they will not be viewed from the front of the property or other highly visible vantage points. A note shall be included on construction plumbing drawings of exterior elevations to indicate to contractors that roof features shall be grouped and located in the described manner. Roof vents shall be shown on construction drawings and painted to match roof material color. (PL/B) 2